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Broom, Clarkson, Lanphier & Yamamoto v. Kountze

United States District Court, D. Nebraska

December 3, 2015

BROOM, CLARKSON, LANPHIER & YAMAMOTO, a Partnership, Plaintiff,
v.
EDWARD KOUNTZE, individually and as Personal Representative of the Estate of Denman Kountze, Jr. in Collier County, Florida, Defendant.

SECOND AMENDED ORDER SETTING FINAL SCHEDULE FOR PROGRESSION OF CASE

Thomas D. Thalken United States Magistrate Judge

This matter is before the court on the plaintiff’s Unopposed Motion to Amend Progression Order (Filing No. 72). The plaintiff seeks an extension of certain deadlines in light of the Memorandum and Order (Filing No. 71) overruling the plaintiff’s Statement of Objections to Magistrate Judge’s Order (Filing No. 48). The court finds good cause exists to modify the progression order as requested, which necessitates moving additional deadlines, including the pretrial conference and the trial. Accordingly, IT IS ORDERED: The Unopposed Motion to Amend Progression Order (Filing No. 72) is granted as set forth below.

IT IS FURTHER ORDERED:

1. Motions to Dismiss or for Summary Judgment. Motions to dismiss or for summary judgment shall be filed not later than July 1, 2016. See NECivR 56.1 and 7.1.

2. Discovery Deadlines.

a. Written Discovery Deadline. All interrogatories, requests for admission and requests for production or inspection, whether or not they are intended to be used at trial, shall be completed by February 29, 2016. Counsel may stipulate to extensions of time to respond to discovery requests in accordance with Fed.R.Civ.P. 29, but such extensions shall not extend any of the dates in this order; any request to extend the deadlines of this order shall be sought by motion.
b. Fact Witness Deposition Deadline. All fact witness depositions, whether or not they are intended to be used at trial, should be completed by April 1, 2016.
c. Deposition Deadline. All depositions, whether or not they are intended to be used at trial, shall be completed by June 1, 2016.

3. Expert witnesses are to be identified by name and address by the plaintiff on or before February 29, 2016, and by the defendant on or before April 15, 2016.

4. The plaintiff’s expert reports shall be served by April 1, 2016, and the defendant’s expert reports shall be served by May 1, 2016.

5. Motions in Limine.

a. Motions in limine challenging the admissibility of expert testimony at trial under Fed.R.Evid. 702 shall be filed by May 16, 2016. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); Daubert v. Merrell-Dow Pharms., 509 U.S. 579 (1993). The motions should be accompanied by a request for a hearing, if necessary. Failure to timely move for a hearing may constitute waiver of the request for a hearing.
b. Any other motions in limine shall be filed on or before November 3, 2016.

6. Trial Exhibits - On or before October 27, 2016: A list of all exhibits it expects to offer by providing a numbered listing and permitting examination of such exhibits, designating on the list ...


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